New Regulation Is Coming for Airbnb
New Legal Regulation for Airbnb
The Ministry of Culture and Tourism shared the details of the draft law submitted to the Turkish Grand National Assembly regarding the status of short-term rental houses. If the bill becomes law, hosts will need to obtain an approved tourism residence certificate from the Ministry of Tourism for the houses they want to rent from the Airbnb Turkey platform. In addition, the new Airbnb law also includes some changes in tax regulations.
According to the draft law, all rentals lasting less than 100 days will be considered short-term rental status, and it will be mandatory to obtain a tourism residence certificate in order to rent these houses. However, rentals lasting more than 100 days at a time are excluded from the scope of this bill.
Leases Within the Scope of Short-Term Lease
According to the new Airbnb bill, all rentals lasting less than 100 days are automatically included in the short-term rental category. In order to rent such residences, it is mandatory to obtain a tourism residence certificate. However, rentals longer than 100 days at a time are excluded from the scope of this bill.
What Should Be Done to Make a Short-Term Rental?
In accordance with the new short-term rental law for Airbnb, it has become mandatory to obtain a Tourism Residence Certificate in order to rent. This document is currently only issued by the Ministry of Culture and Tourism under certain conditions. These conditions are as follows:
- In buildings; unanimous approval of all title deed owners in the building.
- Only the unanimous approval of the owners of the building where the flat to be rented is located
- Application of the title deed owner to the Ministry of Culture and Tourism (only the title deed owner can apply)
- For detached house and villa title deed owners, application directly to the Ministry of Culture and Tourism without the need for the approval of neighboring title deed owners.
Homeowners can obtain a tourism residence certificate with this method. Homeowners with tourism residence status can rent their houses in the short term, either with their own means or through companies that have a Group A tourism certificate of the Association of Turkish Travel Agencies (TÜRSAB). It should not be forgotten that working with intermediary companies that do not have a tourism certificate brings with it serious fines.
What is a Tourism Residence? What is a Tourism Residence Certificate?
The document that homeowners must have in order to make short-term rentals is called "Tourism Residence Certificate". According to the new bill, short-term rentals cannot be made in residences that do not have this document. Tourism Residence Certificate has become mandatory for short-term rentals via Airbnb.
From Which Institution Is the Tourism Residence Certificate Obtained?
The current version of the bill, which is not currently in force, envisages the granting of the Tourism Residence Certificate by the Ministry of Culture and Tourism. However, there is also an article stating that the authority responsible for the document can be transferred to the governorships. Since the law has not yet come into force, there is no absolute clarity on this issue. Once the bill becomes law and the details become clear, it will be possible to obtain more information about the implementation.
When Will the New Short-Term Airbnb Law Go into Force?
The new Airbnb law will officially come into force on 01.01.2024. You can browse here to access all the details of the law. According to the drafted law;
- Article 3 – (1): "In order to rent residences for tourism purposes, it is mandatory to obtain a permit before making a rental contract for tourism purposes. In addition, the plaque, whose qualifications are determined by the Ministry, is hung at the entrance of the house rented for tourism purposes.
- Article 3 – (3): "In permit applications, it is mandatory to submit the decision taken unanimously by all floor owners of the building.
- Article 3 – (7): “It is prohibited to rent the house rented from the permit holder to third parties.